California Court of Appeal

In an action for fraudulent transfer and negligence, district court's grant of summary judgment is affirmed where: 1) the trial court correctly determined that no triable issue of fact remained since defendants' prima facie showing as to both causes of action was not rebutted by plaintiff; 2) the court did not abuse its discretion in granting the summary judgment motion without affording plaintiff the opportunity to cure his failure to file a separate statement; and 3) trial court did not abuse its discretion win denying defendant's motion for sanctions under Code of Civ. Pro. sec. 128.7 as there was no evidence to suggest the trial court's conclusion that sanctions were not warranted was arbitrary.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard L. Garrigues and Varoujan Nalbandian for Plaintiff and Appellant.


• For Appellees:
  
• Kralik & Jacobs, John J. Kralik, Pasadena, and Michael B. Wilson, for Defendants and Respondents.